The US Patent and Trademark Office (USPTO) has notified ExonHit of its intent to issue a re-examination certificate in connection with ExonHit’s US Patent n° 6881571 directed to the use of its SpliceArray technology.
The validity of this patent had been challenged as a defense in a patent infringement lawsuit initiated by ExonHit in 2007 against Jivan Biologics (Jivan) before the US District Court for the Northern District of California. Earlier, Jivan petitioned the USPTO to re-examine the validity of ExonHit’s patent. The USPTO granted Jivan Biologic’s petition in 2008, and the Court stayed the lawsuit pending the outcome of the re-examination.
Loic Maurel, president of the management board of ExonHit Therapeutics, said: “This decision by the USPTO strengthens ExonHit’s IP position and the validity of this patent has been confirmed for the second time in the US. ExonHit holds an equivalent European patent that was granted by the European Patent Office without opposition. This decision rewards ExonHit’s determination to defend its intellectual property.”
All rejections have been withdrawn and all claims are allowed, in view of clarifying amendments made to two of the claims.